Policy

Policy

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LATEST DEVELOPMENTS


ABA Approves Changes to CLE Model Rule, Adding Substance Use, Mental Health Requirement
In February 2017, the ABA House of Delegates approved Resolution 106 amending the ABA Model Rule for Minimum Continuing Legal Education which includes a requirement for lawyers to receive at least one hour of mental health or substance use disorder programming every three years. It also calls for one hour of diversity and inclusion programming every three years. The Resolution was sponsored by the ABA’s Standing Committee on Continuing Legal Education, Commission on Lawyer Assistance Programs and Law Practice Division. 


CLE Credit for Lawyer Wellness in Wisconsin


IL Supreme Court Mandates Mental Health, Substance Use and Diversity CLE


See a Comparison of Jurisdiction Rules to ABA MCLE Model Rule by State for developments on this rule. 


ABA Weighs Mandatory Substance Abuse CLE (LAW.Com, January 31, 2017)

Lawyers and marijuana: disciplinary cases on personal use highlight issues (Lexology, Law for Lawyers Today Blog, January 26, 2017)

Duty of Partners and Supervisory Lawyers in a Law Firm When another Lawyer in the Firm Suffers from Significant Impairment (Supreme Court of Virginia Ethics Opinion 1886, December 15, 2016)

Mental Health At Core Of Florida Bar Admission Case (WLRN, November 15, 2016)

ND Sup. Ct. approves new lawyer discipline rules that include diversion system for addictions / mental health issues (October 25, 2016)

Mental health questions on Florida bar application are discriminatory, suit says (Florida Politics, October 25, 2016)

Running From Trouble: When Lawyers Should Alert Ethics Officials (Connecticut Law Tribune, October 17, 2016)

Incentives for Workplace Wellness Programs: New Rules Provide More Guidance (State Bar of Wisconsin Inside Track, August 2016)


ABA Approves New Policy - Limits Use of Mental Health-Related Inquiries for Bar Admission
On August 3rd, 2015, the House of Delegates approved Resolution 102 which calls for character and fitness questions to address conduct rather than treatment or diagnoses when inquiring into an applicant's mental health history.


Access the ABA Commission on Disability Rights Bar Information for Applicants with Disabilities resources for state-by-state information on character and fitness questions related to mental health diagnoses. 

POLICIES


ABA Resolution 106 (February 2017) amends the ABA Model Rule for Minimum Continuing Legal Education to include a requirement for lawyers to receive at least one hour of mental health or substance use disorder programming every three years.

ABA Resolution 102 (August 2015) calls for character and fitness questions to address conduct rather than treatment or diagnoses when inquiring into an applicant's mental health history. 

Guiding Principles for a Lawyer Assistance Program (Adopted February, 1991)

Model Lawyer Assistance Program (Revised 2004)

ABA Resolution adopting Model Law Firm/Legal Department Personnel Impairment Policy and Guidelines (August 1990)

CASE LAW REVIEWS


Access “Case Law Reviews” dating from 1990 to 2015 that summarize lawyer discipline cases involving substance use disorders and/or mental health issues.